HomeMy WebLinkAboutDecision - 6-8 Belmont - Time Stamped - Decision - 6 BELMONT STREET 10/1/2024 Town of North Andover
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ZONING BOARD OF APPEALS `"
Alexandria A.Jacobs,Esq., "hair Town Clerk.Iitkie(3Amp
Michael ll'.Lis, Taree� rrir f rl l�n w�# t A
Frank J. Killilea,Cluk
Laura Craig-Con-jiner
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lanves M."testa w " +
ssorlale Alembea
Matthcwv J,Ginsburg s
Any appeal shall be filed within twenty Notice of Decision.
days after the date of filing of this notice Calendar Year 2024 )
in the office of the Town Clerk.pursuant
to Mass. Gen. L. ch. 40A, § 17
APPLICANT: APPLICATION DATE:
Joseph.Cianciolo July 22, 2024
PROPERTY: HEARING DATE:
6-8 Belmont Street September 17, 2024 1
North Andover, MA 01845 — 1
Map 018.0, Parcel 0028 PETITION: j
2024-0�10
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I. PROCEDURAL HISTORY AND STATEMENT OF FACTS
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Applicant, by application filed July 22, 2024, has requested a Special Permit pursuant to Town
of North Andover Zoning Bylaws, Section 1 q5-4.3.N(3), the conversion of an existing dwelling
to accommodate not more than five residential units in accordance with Section 195-10.7 of this
bylaw and. Subsection N(4) of this section in the R-4 Zoning District for the purpose of
converting the existing third floor attic space into a new apartment unit. Specifically, Applicant
has requested conversion of the existing two-family structure to a three-family structure in the li-
4 Zoning District with respect to the Property.
The Application requires a Bearing before the North Andover Zoning Board of Appeals
("Board"), and due notice of the hearing was given by mailing and publication. Legal notices
were sent to all certified abutters provided by the Assessor's Office of the Town of North
Andover and were published in The Ecigle-Tribune, a newspaper of general circulation in the
Town of North Andover; on August 5, 2024 and August 12, 2024.
The Board held a public hearing at North Andover Town Hall, 120 Main Street,North Andover,
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MA on Tuesday, September 17, 2024 at 7:30 p.m. with respect to the Property, which is located
in the R.4 Zoning District.
The following plans and exhibits were submitted with the Application or at the public hearing:
(1) Proposed Addition Plot Plan prepared by Frank S. Giles Land Consulting dated May 20,
2024 and revised July 11, 2024, containing one (1) page, and
(2) Existing and Proposed Plan. Set prepared by G J Design Group LLC dated May 04, 2024,
containing six (6) pages.
r'hTrI'ioN2oz4-i,ro Page 1 of
Town of North Andover
ZONING BOARD OF APPEALS
The Property is located at 6-8 Belmont Street in the R-4 Zoning District.
If
It. FINDINGS/DISCUS,SION/CONDITIONS
The Board has made careful study of the materials submitted and the information presented at
the hearing.
The Board finds that under Section 195-10.7(A) of the Bylaws and as conditioned below, (a) the
Property is an appropriate location for the use, structure, or condition, (b) the use as developed
will not adversely affect the neighborhood, (c) there will be no nuisance or serious hazard to
vehicles or pedestrians, (d) adequate and appropriate facilities will be provided for the proper
operation of the use, and(c) the use is in harmony with the general purpose and intent of the
Bylaws.
Therefore, the Board finds that Applicant has satisfied the provisions to allow the requested
Special Permit in order to convert the existing two-family structure to a three-family structure
pursuant to the Town of North Andover Zoning Bylaws Section 195-4,3,N(3), the conversion of
an existing dwelling to accommodate not more than five residential units in accordance with
Section 195-10.7 of this bylaw and Subsection N(4) of this section in the R-4 Zoning District
in accordance with the plans, other materials, and testimony at the public hearing.
111. MOTION, VOTE, AND DECISION
On September 17, 2024, the Board voted to close the public hearing.
A motion was made by Frank J. Killilea and seconded by Michael T. Lis to grant the Special
Permit requested under Section 195-4.3.N(3), the conversion of an existing dwelling to
accommodate not more than five residential units in accordance with Section 195-10.7 of this
bylaw and Subsection N(4) of this section of the Zoning Bylaws to allow tile conversion of the
existing third floor attic space into a new apartment unit. Specifically, Applicant has requested
conversion of the existing two-family structure to a three-family structure in the R-4 Zoning
District in accordance with the following plans, and other materials:
(1) Proposed Addition Plot Plan prepared by Frank S. Giles Land Consulting dated May 20,
2024 and revised July 11, 2024, containing one (1) page; and
(2) Existing and Proposed Plan Set prepared by G J Design Group LLC dated May 04, 2024,
containing six (6) pages
The voting members in favor of the Special Permit: Alexandria A. Jacobs, Esq., Michael T. Lis,
Frank J. Killilea, Laura Craig-Cumin, and
James M. Testa
The voting members against the Special Permit: None.
The non-voting members present: Matthew J. Ginsburg, Esq.
PETITION 2024-010 Page 2 of 3
Town of North Andover
ZONING BOARD OF APPEALS
The Chair declared the Board's vote to be 5-0 to GRANT THE SPECIAL PERMIT.
North Andover ZoninAoard of Appeals
Alexandria A. Jacobs, Esq., Chair
Michael T. Lis, Vice-Chair
Frank J. Killilea, Clerk
Laura Craig-Cowin
James M. Testa
Matthew J. Ginbsburg, Esq.
Decision 2024-0 10
rkdd--6.8 Bd-,at Sv�t
Notes:
1. A decision granting a variance or a special permit shall not be in effect until a certified copy of
the decision is recorded at the Essex County Registry of Deeds,Northern District at Applicant's
expense, Further provided that if the Property is registered land,then a certified copy of the
decision shall also be filed with the Land Court.
2. A decision granting a variance or special permit as requested by Applicant does not necessarily
ensure the granting of a building permit because Applicant must abide by all applicable local,
state, and federal building codes and regulations prior to the issuance of a building permit as
required by the Inspector of Buildings.
3. Generally,(a) if the rights authorized by a decision granting a variance are not exercised within
one(1)year of the date of the grant then such rights shall lapse and may be re-established after
notice and a new hearing pursuant to the provisions of Mass. Gen. L. ch. 40A, § 10, and(b) the
rights authorized by a decision granting a special permit shall be deemed to have lapsed after a
two (2)year period from the date of the grant unless Substantial use or construction has
commenced pursuant to the provisions of Town of North Andover Zoning Bylaws Section 195-
10.7.
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PETITiON 2024-010 Page 3 of 3